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Car accidents are one of the most common causes of emergency room visits and severe injuries in Logan each year. Many auto collisions can be avoided with proper care and vigilance. If another driver’s carelessness caused your motor vehicle accident, a seasoned injury attorney can help you hold them accountable.
Pursuing a civil lawsuit after a car accident can be a challenging and time-consuming process. While success is never guaranteed, the right legal counsel can help you maximize your potential recovery. Let a Logan car accident lawyer at our firm assist you with your civil claim.
In order for an injured motorist to secure compensation after an auto accident, he or she must prove that the other party involved in the collision was negligent. To do so, the plaintiff must demonstrate that the other driver owed a duty of care, subsequently breached that duty, and thereby caused the plaintiff’s otherwise avoidable damages.
Every motorist has a duty or legal obligation to drive safely and protect others from foreseeable harm. The central issue in many disputed car accident cases is whether or not the defendant breached their duty of care. In the case of a car crash, this could involve any number of careless actions or traffic violations, such as speeding, driving while intoxicated, or running a red light.
It is then necessary to establish a link between the breached duty of care and the plaintiff’s injuries. Requiring proof of causation prevents plaintiffs from securing compensation for injuries that did not result from the defendant’s behavior.
Finally, the last step of proving negligence for an auto accident is demonstrating compensable damages. A plaintiff can only recover a monetary award if he or she can show that they suffered some form of compensable harm, such as lost wages, pain and suffering, and medical bills.
In many car accident cases, fault is easily attributable to a single defendant’s negligence. In other circumstances, there could be liability shared between the plaintiff and defendant. According to state law, a plaintiff who shares in the fault of an accident may still recover some compensation under the legal theory of modified comparative fault.
Specifically, a person injured in a motor vehicle collision would only be barred from recovering compensation if they are found 50 percent or more at fault for the accident. Otherwise, if their degree of fault is less than the defendant’s, he or she could still recover their losses.
Although, the amount of compensation available to the injured claimant would be reduced in proportion to his or her assigned percentage of fault. A car accident attorney in Logan could help prove that the defendant was primarily at fault for the crash to maximize an injured person’s total recovery.
When car accidents happen, the injuries that occur as a result can have debilitating consequences.
If you are dealing with the consequences of another driver’s negligence, a Logan car accident lawyer can help hold them accountable in civil court. Call Jan Dils, Attorneys at Law, right away for an initial consultation.
Jan Dils, Attorneys at Law